242 APPENDIX good and substantial defence on the merits, which shall be disclosed by affidavit. Eofereuce § 10. If such defence consist of ai set-off, and be of such "' ™"' a nature that the cause might be referred, the court shall immediately refer the cause to the clerk thereof, or to some other fit persons, to hear the proofs of the parties, and reŽ port thereon; and the proceedings, thereon shall be the same in all respects as in cases of reference. Preference § H. Every issuo of fact joincd in such cause, shall sucrS."" have a .preference at the court at which it shall be noticed for trial, to all other causes; and every ca^ made, special verdict rendered, bill of exceptions and demurrer to eviŽ dence taken, on such trial, and every issue of law joined on the pleadings in any such suit, shall have a preference in the argument thereof in any court where the same may be pending. Kate of g 12. When judgment shall be rendered against any eerScases. incorporated bank, for the amount of any bills or other evidences of debt, payable absolutely, the payment of which shall have heen refused by such bank,' and no meaŽ sure of damages shall be specified in the act incorporating such bank, the plaintiff shall recover interest on such amount from the time of such refusal, at the rate of ten per cent, a year, instead of the rate of interest established by law. Eeciting § 13. In a'ctions by or against any corporation created po?ation!""""by or under any law of this State, it shall not be necessary to recite the act or acts of incorporation, or the proceedŽ ings by. which such corporation was created, or to set forth the substance thereof, but the same may be pleaded by reciting the title of such act, and the date of its passage. Mistake in §14. lu suits or proceedings by or agaiust auy oorpora- poration!'"' tion, a mistake in the naming of such corporation, shall be pleaded in abatement; and if not so pleaded, shall be deemed tohave been waived* Attach- § 15- Suits brought in the Supreme Court by a resident meiit against of this State, agaiust any corporation created by or under porafions!'^' the laws of any other State, government or country, for the recovery of any debt or damages, may be commenced by attachment. (73) By whom § 16. The court, or any judge thereof in vacation, and issued, (73) This section amended bythe Aot of March 16th, 1849 (Laws 1849, Chap. 107, p. 142). See this aot, post.